Schlicht v. Thesing

On this appeal we only find it necessary to consider plaintiffs cause of action grounded on the theory that at the time of the accident she was an invitee and not a mere licensee. In determining whether this portion of the complaint states facts sufficient to constitute a cause of action, we must resolve these two questions:(1) Was plaintiff an invitee ?(2) If she was, does the complaint allege any breach of duty by defendants to her ?

Plaintiff an Invitee.

While the amended complaint does not state that plaintiff was a relative of either defendant, the parties concede that *439Mrs. Thesing is…